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Class Action Lawsuits

3/6/2009
Darlene P. Russell, B.Sc. , LL.B.
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Eastern Health Accepts Liability, Commits to Early Mediation

The week’s objectives for the Breast Cancer Testing Class Action have been achieved.  On behalf of Eastern Health, the insurer HIROC made a substantial admission of liability on behalf of Eastern Health, and committed to an early mediation of the case.  Here’s my statement to the press.

 On behalf of members of the breast cancer testing class action, we welcome today’s press release by which HIROC accepts that Eastern Health is liable to patients who suffered negative outcomes directly due to ER/PR testing errors.

 We feel this acceptance of liability is a sufficient basis on which to move forward with a mediation process.  The parties have begun the process of identifying a respected national profile mediator and are committed to mediating in St. John’s with a view to settlement within a 90 day frame work, assuming schedules of the mediator and other professionals permit.

 As class counsel, Ches Crosbie Barristers states its commitment to vigorously represent the interests of all persons in the class. The Class Definition is posted here.



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3 Comments to "Eastern Health Accepts Liability, Commits to Early Mediation"

I would not want to be the one to decide whose life they think they effected and those they think they didn,t because i can,t see how anyone who is invovled in this is not affected in some form so I hope they sllep well at night.
Posted by Kim MacDonald on March 10, 2009 at 09:12 AM
It was just this morning that I was wondering if there were any false positives in this whole fiasco! Obviously there were. I'm sure HIROC will try to exclude as many categories as possible but hopefully we'll have a say in that.
Posted by Marie Hickey on March 9, 2009 at 09:05 AM
I am deeply concerned about HIROC's statement that Eastern Health is liable to patients who suffered negative effects DIRECTLY due to ER/PR testing errors.

I am one of those women INDIRECTLY affected by this mess. Who knows, because of the treatment I received, what WILL happen. I was given treatments as if I were positive ER/PR when, in reality, I was negative! I have to live with the results of this for the rest of my life, not knowing when/if I will get bone cancer, uterine cancer, blood clots etc. because of this treatment.

Therefore, I wonder how HIROC will define those "directly" impacted by this fiasco. We have all been "directly" impacted!
Posted by Lorena Matthews on March 6, 2009 at 05:37 PM

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